Legal Monocentrism and the Paradox of Government

In this paper I shall argue that, in contrast to its monocentric counterpart, only the institutional framework of legal polycentrism can overcome the problem of the so-called “paradox of government”—that is, establish effective and robust governance structures without simultaneously empowering them to overstep their contractually designated tasks and competencies. To accomplish this, I shall critically evaluate the logical consistency of the solutions advanced in this context by the proponents of legal monocentrism, based on the claim that institutional constraints in the form of democratic elections or checks-and-balances can place working constitutional limitations on the power of a coercive monopolist of law and defense.